(a)  It is unlawful for any person to sell, offer for sale, expose for sale, or transport for sale any agricultural or vegetable seed within this state:

(1)  Unless the test to determine the percentage of germination required by § 2-6-3 has been completed within a nine (9) month period exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure for sale, or offering for sale or transportation, except that seeds packaged in hermetically-sealed containers under the conditions defined in rules and regulations promulgated under the provisions of this chapter may be sold, exposed for sale or offered for sale or transportation for a period of thirty-six (36) months after the last day of the month that the seeds were tested for germination prior to packaging. If seeds in hermetically-sealed containers are sold, exposed for sale, or offered for sale or transportation more than thirty-six (36) months after the last day of the month in which they were tested prior to packaging, they must have been retested for germination within the nine (9)-month period, exclusive of the calendar month in which the retest was completed, immediately prior to sale, exposure for sale, or offering for sale or transportation;

(2)  Not labeled in accordance with the provisions of this chapter or having a false or misleading labeling;

(3)  Pertaining to which there has been false or misleading advertisement;

(4)  Consisting of or containing prohibited noxious weed seeds, subject to recognized tolerances;

(5)  Consisting of or containing restricted noxious weed seeds per pound in excess of the number prescribed by rules and regulations promulgated under this chapter, or in excess of the number declared on the label attached to the container of the seed or associated with the seed;

(6)  Containing more than two and one-half percent (2½%) by weight of all weed seeds;

(7)  If any labeling, advertising, or other representations subject to this chapter represents the seed to be certified or registered seed unless:

(i)  It has been determined by a seed certifying agency that the seed was produced, processed, and packaged, and conforms to standards of purity as to kind or variety, in compliance with rules and regulations of the agency pertaining to the seed; and

(ii)  The seed bears an official label issued for the seed by a seed certifying agency stating that the seed is certified or registered.

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Terms Used In Rhode Island General Laws 2-6-4

  • Advertisement: means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this chapter. See Rhode Island General Laws 2-6-2
  • Agricultural seed: means the seeds of grass, forage, cereal, and fiber crops and other kinds of seeds commonly recognized within this state as agricultural seeds, lawn seeds and mixtures of those seeds, and may include noxious weed seeds when the director determines that the seed is being used as agricultural seed. See Rhode Island General Laws 2-6-2
  • Certifying agency: means :

    (i)  an agency authorized under the laws of a state, territory or possession to officially certify seed; or

    (ii)  an agency of a foreign country determined by the U. See Rhode Island General Laws 2-6-2

  • Director: means the director of the department of environmental management of the state of Rhode Island and/or his or her authorized deputies or agents. See Rhode Island General Laws 2-6-2
  • Kind: means one or more related species or sub-species which, singly or collectively, is known by one common name, for example, corn, oats, alfalfa, and timothy. See Rhode Island General Laws 2-6-2
  • Labeling: means all labels, and other written, printed, or graphic representations, in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers, and includes representations on invoices. See Rhode Island General Laws 2-6-2
  • Lot: means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling. See Rhode Island General Laws 2-6-2
  • Person: means any individual, partnership, corporation, company, society, or association. See Rhode Island General Laws 2-6-2
  • Prohibited noxious weed seeds: means the seeds of perennial weeds that not only reproduce by seed but also spread by underground roots, stems and other reproductive parts, and which, when well established, are highly destructive and difficult to control in this state by ordinary good cultural practice. See Rhode Island General Laws 2-6-2
  • Restricted noxious weed seeds: means the seeds of weeds that are objectionable in fields, lawns, and gardens of this state, but can be controlled by good cultural practices. See Rhode Island General Laws 2-6-2
  • Variety: means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics, by which it can be differentiated from other plants of the same kind. See Rhode Island General Laws 2-6-2
  • Vegetable seeds: means the seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable seeds in this state. See Rhode Island General Laws 2-6-2
  • Weed seeds: means the seeds of all plants generally recognized as weeds within this state and includes noxious weed seeds. See Rhode Island General Laws 2-6-2

(b)  It is unlawful for any person within this state:

(1)  To detach, alter, deface, or destroy any label provided for in this chapter or the rules and regulations made and promulgated under this chapter, or to alter or substitute seed in a manner that may defeat the purpose of this chapter;

(2)  To disseminate any false or misleading advertisements concerning agricultural or vegetable seeds in any manner or by any means;

(3)  To hinder or obstruct in any way, any authorized person in the performance of his or her duties under this chapter;

(4)  To fail to comply with a “stop sale” order or to move or otherwise handle or dispose of any lot of seed held under a “stop sale” order or tags attached to the lot of seed, except with the express permission of the director and for the purpose specified by the director.

(5)  To use the word “trace” as a substitute for any statement which is required.

(6)  To use the word “type” in any labeling in connection with the name of any agricultural seed variety.

History of Section.
P.L. 1978, ch. 371, § 2.